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Tom Deam, Atlanta, A constitutional writ petition cannot be filed after remedies in execution have been extinquished, however, to understand the question, an ordinary civil action, filed under rule 60 of the rules of civil procedure might be appropriate if the plaintiff maintains that there is inconsistency in the acquisition and execution of the judgment under execution; or that no judgment has ever been obtained for the dispossession. This suit in most cases is brought under 42 U.S.C. 1983 alleging a violation of due process by state court. Additionally, it may be brought against a private person if the dispopssssion was done extra-judicial, under 42 U.S.C.A.1981.

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